Contents

Introduction

These Notes can help you understand your tenancy agreement if
you have a private residential tenancy. They will also help you to
know about your rights, and about the things you should be doing or
not doing during your tenancy. These Notes also explain what to do
if your landlord interferes with your rights, or if there is a
problem between you and your landlord about your tenancy.

It’s the law that your landlord must give you all the
written terms of your tenancy. The Scottish Government has produced
a model tenancy agreement, which landlords can use to do this. It
is called the ‘Model Private Residential Tenancy
Agreement’. Your Landlord has used this model agreement so
they must also give you a copy of these Notes.

These Notes explain all of the different parts of your tenancy
agreement. Each part of your agreement is numbered, and you will be
able to look for the same numbers in these Notes to find
information about each part.

The things in
bold on your tenancy agreement are things that
laws say that you or your landlord must do, or must not do. The
laws which say these things are listed at the end of these Notes.
These Notes will help you understand these parts.

If what’s written isn’t in bold, your landlord did
not have to include these tenancy terms in your agreement. The
Scottish Government has given your landlord suggested wording for
these terms, which your landlord can use if they want to. If your
landlord has used the suggested text, these Notes will help you to
understand that term. If your landlord has used their own wording
for a term, or chosen not to include it at all, these Notes will
not give information about that term. If you need more information
about any terms which are not in these Notes, you may want to
discuss them with your landlord, or contact the advice groups
listed at the end of these Notes.

If you have a new tenancy, your landlord must give you all your
tenancy terms in writing and a copy of these Notes before the end
of the day on which the tenancy starts.

If you have a different type of tenancy which is changing into a
private residential tenancy, your landlord has 28 days after the
day when the tenancy becomes a private residential tenancy to give
you your new tenancy terms and a copy of these Notes.

If your landlord does not give you all the written terms of your
tenancy and/or these Notes when they are supposed to, you can apply
to the First-tier Tribunal for Scotland Housing and Property
Chamber ("the Tribunal"). The Tribunal may then give you a written
tenancy and/or order your landlord to pay you up to six months'
rent.

You must give your landlord 28 days’ notice if you
are going to apply to the Tribunal for this reason, and you must
apply using the 'Tenant's notification to a landlord of a referral
to the First-tier Tribunal for failure to supply in writing all
tenancy terms and/or any other specified information'. There are
guidance notes available to help you to fill in this form if
needed.

In these Easy Read Notes:

The word "
Agreement" means the tenancy agreement for the
property which is being leased; and

The Form has guidance notes to help. You can also get help from
the advice groups listed at the end of these Notes.

The
landlord might appoint an
agent to manage the Agreement and if they do,
then when these Notes refer to the landlord, in practice that
might instead be a reference to the landlord's agent who will be
acting on behalf of the landlord.

1 Tenant

If there is more than one person named on the Agreement as the
Tenant the tenancy will be a
joint tenancy. This means that each person is
responsible on their own individually - as well as equally along
with all of the others - for all of the payments and other things
the tenant is required to do under the tenancy. For example, if any
of the tenants in a joint tenancy fell into rent arrears, the
landlord could ask one of the other named tenants to pay the money
owed.

That person must pay the landlord the full sum that is owed and
then try to get the other people who are also joint tenants to
repay them their share.

The addresses the tenant(s) provides will usually be their
current addresses and not the property that is being rented and
that they are going to move into under the Agreement.

The Agreement could include details of tenant email addresses
and telephone numbers.

If the Landlord and Tenant agree that formal written notices
will be given by email instead of by letter (see Note 4 -
Communication), then email addresses must be provided. If the
Agreement does not allow notices to be given by email then it is
not essential for email addresses to be given.

The Agreement does not say that any formal notice or other
communication can be done by telephone, so it is not essential
for telephone numbers to be given. But it might be useful to have
telephone numbers available in an emergency or to speed up
communications between the landlord and tenant.

2 Letting Agent

The landlord might use an agent to manage the tenancy. The
Agreement will then have details of how to contact the agent.

From 2 October 2018, all businesses who carry out "letting
agency work" as defined by section 61 of the Housing (Scotland) Act
2014 must have applied to join a register of letting agents. Where
this applies, the registration number should be provided in the
Agreement. Not all agents will be carrying out letting agency work
as defined by this Act so not all agents will have a registration
number. All agents will still need to be assessed by the local
authority under the landlord registration scheme. The idea of this
scheme is to make sure that a private landlord and their agents are
"fit and proper persons" to be involved in letting properties.
Tenants can check if their landlord and/or their agent have
registered by looking them up at
https://www.landlordregistrationscotland.gov.uk/

The Agreement says which services the agent will be doing for
the landlord. The landlord might use an agent for some things, for
example sorting out repairs or cleaning of common areas.

The Agreement will state the matters the tenant should contact
the agent about, instead of the landlord. For example, the landlord
might want the tenant to contact the agent (instead of the
landlord) if there is problem with water coming into the property
or if something (like a cooker or fridge or boiler) has broken
down.

Where the agent is a company, the Agreement should say which
person is the first person that the tenant should try to
contact.

3 Landlord

The names and addresses of the landlord(s) should be shown on
your Agreement.

Landlord email addresses and telephone numbers might also be
given.

If the Landlord and Tenant agree that formal written notices
will be given by email instead of by letter (see Note 4 -
Communication) then email addresses must be shown here. If the
Agreement does not allow notices to be given by email then email
addresses don't need to be given.

The Agreement does not say that any formal notice or other
type of contact can be made by phone, so phone numbers don't need
to be given. However, it might be useful to have phone numbers in
an emergency or to speed up contact between the landlord and
tenant.

The registration number of the landlord should be given. This is
the landlord's number under the landlord registration scheme run by
local councils. The idea of this scheme is to make sure that a
private landlord is a "fit and proper person" before that landlord
can rent out property. Landlords must register and tenants can
check if their landlord has registered by looking them up at
https://www.landlordregistrationscotland.gov.uk/

4 Communication

You can sign this agreement "electronically" by typing your name
- instead of signing a paper copy. It will still be a legal
document that the landlord and tenant must comply with by law.

The Agreement should say whether notices and letters must be
sent in paper letter form only or whether emails will be used
instead.

The tenant does not need to agree to receive notices under the
Agreement by email. If the tenant agrees to receive notices by
email this could include important messages. For example telling
the tenant that the rent is to go up or that the Tenancy is being
brought to an end. You should think about whether email would be
the right way to receive important information. The landlord and
the tenant must tell each other about changes to their email
addresses.

If you don't inform your landlord about a change of email
address you might miss an important email such as a Notice to
Leave. That would mean that the Notice to Leave sent to the old
email address would still be accepted by the Tribunal as having
been properly sent even though the notice was not actually received
by the tenant. In this case you can still be evicted.

When the notice is sent by email or recorded delivery post, then
an extra 2 days should be added to the notice period to allow time
for delivery. This is required by law, even if it is not stated in
the tenancy agreement. This applies both when a tenant is sending a
notice to their landlord, or when a landlord is sending a notice to
their tenant.

For example, if one months' notice needs to be given before 31
December 2017, then if the notice is being given by post or by
email, it should be posted or emailed no later than 28 November
2017. If the notice is being delivered by hand, it should be
delivered no later than 30 November 2017.

5 Details of the property

The Agreement will contain the address and other details about
the property - for example whether the property is a flat or a
bungalow.

The Agreement should make it clear:

what areas and facilities are included in the property and if
any of those are to be shared; and

what (if any) areas are not included.

This information is helpful if the property is part of a larger
building where it might not be obvious which parts of the larger
building are included in the property being let.

The Agreement may list shared areas, such as a shared garden or
communal entrance area.

The Agreement may list parts not included in the property being
let, such as, for example, a part of the garden or a parking space
which is only to be used by another tenant of the building.

The Agreement should say whether or not the property is to have
any furniture provided by the landlord. If there is furniture, it
will probably be listed in an Inventory and Record of Condition.
This is a list of all the items included so that the landlord and
tenant can agree what was there at the start of the Agreement, and
the condition of these things at the start of the Agreement.

The Agreement should say whether the property is a House in
Multiple Occupation (
HMO). A
home is an
HMO:

if it is occupied by three or more adults (aged 16 or
over)

they are from three or more families

the home is their only or main residence

it is either a house, premises or a group of premises owned
by the same person with shared basic amenities (a toilet,
personal washing facilities, and facilities for the preparation
or provision of cooked food) (as defined in section 125 of the
Housing (Scotland) Act 2006)

If the property is an
HMO, the
Agreement should give the 24 hour contact number and the date on
which the licence for the
HMO will
finish.

HMO
landlords must have a licence from the local authority to make sure
that the property is managed properly and meets legal safety
standards. Because the landlord needs to get a licence if the
property is an
HMO, it is
important that the tenant tells the landlord if extra people move
into the property (see Note 13 - Notification about other
Residents).

6 Start date of the Tenancy

The Agreement must state the date when the tenancy begins, which
will be when the tenant can move into the property.

7 Occupation & Use of the property

The tenant is to live at the property as the tenant's home.

The tenant must get the landlord's written consent, in advance,
if the tenant wants to use the property for any work or business,
in addition to living in the property.

There are many reasons why a landlord might not agree to allow
any work or business use of the property, including for
example:

the deeds which set out the landlord's ownership of the
property do not allow that use; or

the planning permission (from the local council) for use of
the property does not allow work or business use; or

the landlord thinks that the actual work or business which
the tenant wants to do at the property would be likely to disturb
or annoy neighbours; or

use of the property for any work or business might make the
landlord's insurance for the property more expensive or even
invalid; or

the terms of the landlord's mortgage policy do not allow the
property to be used for work or business.

8 Rent

The Agreement should specify the amount of rent, and how often
that amount is to be paid. The payment times might be weekly, every
2 weeks, every 4 weeks, monthly, 4 times a year or once every 6
months.

The rent payments could be due to be paid in advance (at the
beginning of each such amount of time) or in arrears (after that
amount of time has passed). The maximum amount of rent which a
landlord can ask their tenant to pay in advance is 6 months'
rent.

The Agreement should say:

the date on which the first payment is to be made and how
long that amount of money will cover; and

on which date rent will next need to be paid.

The Agreement lets the landlord say how the rent should be paid.
For example, the landlord might want the rent payments to be paid
by bank transfer or by cheque. It is possible for the tenant to pay
using another way, if that is fair. For instance, it might not be
considered fair to pay the rent by a method which would result in a
high bank charge to the landlord, such as payments made using some
credit cards.

The Agreement should also state if any services are to be
included in the rent. This is to make it clear that the tenant
would not have to pay extra for those services. For example, the
rent might include the cost of lighting a shared hall or stair
cleaning costs. Any services which are paid monthly should be
included as part of the rent. For example, if a landlord pays for
stair and window cleaning and charges the tenant monthly for this
cleaning that would be included. The services which are included in
the rent should be listed in the Agreement along with the amount
for each service.

Where there are one-off payments throughout a tenancy, such as
where the landlord agrees to carry out a repair for the tenant for
a fee, then this will not form part of the rent.

The landlord is not allowed to charge a tenant for other
services - such as the cost of preparing a lease, 'key money',
administration charges, or for the cost of preparing an inventory
etc. These charges are known as 'premiums'. If the landlord charges
a premium, the tenant should write and ask for a refund. If the
landlord refuses to provide a refund, then a claim could be made
through the Tribunal. The tenant could also contact the local
council's landlord registration team, or, if the landlord holds a
HMO
licence, the tenant could contact the local council's licensing
team to help with this.

A landlord in a Rent Pressure Zone can also apply to the Rent
Officer to allow a further increase to your rent because the
landlord has done work to improve the property. This increase in
rent would be in addition to any inflation related increase in the
rent.

9 Rent Receipts

If the tenant pays rent in cash then the landlord must give the
tenant a written receipt.

That receipt must show:

the amount paid,

the date on which that amount was paid; and

whether the rent is now paid up to date - and, if it is not,
how much is still to be paid.

10 Rent Increases

The rent can only go up once a year. Before the rent can go up,
the tenant must be given an official notice called a rent-increase
notice. This notice might be sent by email if the Agreement allows
for this. Any rent-increase notice must be given to the tenant by
the landlord at least 3 months before the date that the rent is to
go up.

If the tenant receives a rent-increase notice, and the tenant
thinks that the new rent would be higher than is being charged at
that time for similar properties, then the tenant can ask a Rent
Officer to decide whether the increase is fair.

"Fair" here means an amount similar to the rent which is, at
that time, being charged for similar properties on new lettings. It
does not mean how much the tenant can afford to pay.

Tenants must follow certain steps to ask the Rent Officer to
make this decision and there is a 21 day time limit for this to be
done. If these steps are not followed by the tenant within the 21
day time limit then the tenant will lose their right to challenge
the rent increase - and the rent will be increased to the amount
wanted by the landlord.

These steps are as follows:

The tenant must return Part 3 of the rent-increase notice to
the landlord - to tell the landlord that the tenant intends to
ask the Rent Officer to decide whether the rent increase is
fair;

The tenant then fills in a form called the Tenant's Rent
Increase Referral to a Rent Officer under section 24 (1) of the
Private Housing (Tenancies) (Scotland) Act 2016 to be used for
this purpose, a copy of which can be accessed on the Scottish
Government website, or through Rent Service Scotland - see Useful
Contacts and Links at the end of these Notes; and

The tenant then sends the finished form to the Rent
Officer.

All of this must be done within 21 days after the tenant
receives the rent-increase notice. If this is not done then the
rent increase will go ahead.

If the tenant accepts the rent increase, they should return Part
3 of rent-increase notice to the landlord to tell them that.

Part 3 of the rent-increase notice can also be returned to the
landlord by the tenant to say if the tenant has not been given long
enough notice of a rent increase - so if less than 3 months' notice
was given. If the landlord gives less than the 3 months' notice,
then the tenant will not need to pay the increased rent until 3
months have passed. So the landlord cannot try and increase the
rent on one month's notice for example.

If the property is in a Rent Pressure Zone, the tenant cannot go
to a Rent Officer about the rent increase. That is because the
Scottish Ministers have already limited the amount by which the
rent can be increased. (See Note 8 - Rent). As the landlord cannot
increase the rent higher than the cap, the tenant doesn't need to
pay any rent above the cap. The tenant has a number of
options:-

only pay the rent up to the limit of the cap as the tenant is
at no risk of eviction;

contact one of the advice groups listed at the end of these
Notes; or

apply to the Tribunal to draw up the terms of the tenancy (as
the terms of tenancy have changed as the rent has
increased).

You should tell your landlord what you intend to do. In any
event, if you apply to the Tribunal, your landlord must be given 28
days' notice.

11 Deposit

When a tenant moves into a rented home, most landlords will ask
for a deposit. This is a sum of money which acts as a guarantee
against various things. These are things like damage that the
tenant may do to the property, costs for any cleaning which may be
needed, bills (for example electricity) that are left unpaid, as
well as any unpaid rent.

The total amount of the deposit cannot be more than 2 months'
rent. If the tenant is charged more than two months' rent, then the
tenant can contact Shelter Scotland or a Citizens Advice Bureau for
advice about claiming back the extra amount.

A deposit must be held by a tenancy deposit scheme until the end
of the tenancy. This is to stop the landlord using a deposit as if
it was the landlord's own money. Tenancy deposit schemes are run by
independent companies which are approved by the Scottish
Government. The landlord has to pay the deposit to one of the
schemes within 30 working days from the start of the tenancy.
(Working days are usually Monday to Friday - so 30 working days is
usually 6 weeks.) There will be no charge to the tenant or landlord
to pay the deposit into one of the schemes.

The tenant should receive a letter or email from the tenancy
deposit scheme confirming that their deposit has been lodged. The
letter will set out the amount of the deposit and explain how it
will be repaid and how any disputes can be settled.

If the tenant does not receive a letter from an approved deposit
scheme after 6 weeks, they should contact their landlord. If the
landlord has not lodged their deposit, the tenant should raise a
complaint with the Tribunal. If the landlord has not used one of
the schemes, the Tribunal can order the landlord to pay up to 3
times the deposit to the tenant.

Within 30 working days after the start of the tenancy the
landlord must give the tenant all of this information about the
deposit:

the amount of the deposit;

the date that the landlord received the deposit and the date
that the landlord paid the deposit into a scheme;

the address of the property to which the deposit relates - so
the property let to the tenant;

a statement from the landlord confirming the landlord is
registered or has applied to be registered with the local
council;

the name and contact details of the tenancy deposit scheme
where the deposit was paid; and

the terms on which the deposit is held - including (1) when
the deposit is to be returned to the tenant and (2) the
circumstances where the landlord can be paid some or all of the
deposit at the end of the tenancy, instead of the deposit being
paid back to the tenant.

Examples of money that the landlord can ask to be paid by the
scheme (and not paid back to the tenant) are:

unpaid rent

other amounts not paid or the cost of any repairs needed if
the tenant caused the damage

to pay bills left unpaid by the tenant

If there are no issues like that at the end of the tenancy, then
the landlord should ask the scheme to pay the full amount of the
deposit back to the tenant.

At the end of the tenancy the landlord should ask the tenancy
deposit scheme to release the deposit and the amounts payable to
the tenant and the Landlord.

The deposit scheme will contact the tenant to check whether the
tenant agrees with the landlord's figures.

Different things happen, depending on whether the tenant agrees
with the landlord's figures or not:

If the tenant agrees with the landlord's figures, then the
scheme will pay those amounts to the landlord and tenant.

If the tenant does not agree with the landlord's figures,
then the tenant must contact the landlord. The landlord and the
tenant need to try to agree what, if any amount, is to be
deducted from the deposit and kept by the landlord. If the
landlord and tenant cannot agree, the tenant can ask the Tenancy
Deposit Scheme which holds their deposit to use their dispute
resolution process. The dispute will be sent to an independent
adjudicator who has the role of reaching a decision in a dispute.
The adjudicator will be given any evidence (for example
photographs or receipts) and will come to a decision about the
amount (if any) to be given by the scheme to the landlord and the
amount to be repaid to the tenant.

If the tenant does not respond within 30 days, then the landlord
will be paid the amount that the landlord requested be deducted for
rent, repairs and other costs - and the rest (if anything is left)
will be repaid to the tenant.

If the landlord has not, by the time that the tenancy ends,
asked the scheme to release the deposit, then the tenant can apply
to the deposit scheme for repayment. In that case, the deposit
scheme will contact the landlord to ask whether the landlord agrees
that the whole deposit should be repaid to the tenant or whether
the landlord thinks that an amount should be taken off and paid to
the landlord.

If the landlord does not agree that the whole deposit should be
repaid to the tenant, then the landlord can try to agree the
figures with the tenant. But if the landlord and tenant cannot
agree the figures, then the decision is referred to an independent
decision-maker.

12 Sub-letting & Assignation

The Agreement will probably only give the landlord's permission
for the tenant(s) that are named in the Agreement to live in or use
the property.

The tenant is not allowed to:

enter into another agreement to sublet the property (or part
of it) to another person, or

take in a lodger, or

enter into an agreement to try to transfer the tenancy (or
part of it) to somebody else, or

allow another person to start living in the property (or part
of it) or using it for some other purpose.

As a general rule, if the tenant wants to allow anyone else to
live in or use the property as their only or main home, then the
tenant must get the landlord's written permission. The landlord
does not have to give that permission.

13 Notification about other Residents

If a person who is over 16 lives at the property with the tenant
as their only or main home, then the tenant has to write to the
landlord (or email the landlord if email is the agreed method of
contact). The tenant's letter (or email) must tell the landlord the
name of the person who has started to live at the property with the
tenant and the tenant's relationship with that person. Then, if
that person leaves the property, the tenant must also tell the
landlord that this has happened. For example, if a couple take a
joint tenancy and live with their two children aged 14 and 15, when
each of those children become 16, the Landlord should be notified.
Also, where a husband takes a single tenancy but lives with his
wife, he should notify the landlord that his wife lives with
him.

If a tenant dies while they are the only tenant under a private
residential tenancy, a partner, family member or carer can inherit
their tenancy under certain conditions, as long as the tenant did
not inherit the tenancy from someone else in the first place.

In order for a person to inherit the tenancy, they must:

have been living in the property as their only or main home
at the time of the tenant's death, and

the tenant must have already notified the landlord .

There are several types of relationship with the tenant which
might allow someone to inherit the tenancy:

1. If the person was married or in a civil partnership with the
tenant at the time of the tenant's death, the person will inherit
the tenancy, as long as:

they have been living in the property as their only or main
home at the time of the tenant's death, and

the tenant must have already notified the landlord .

2. If the person was a partner of the tenant (but was not
married to them or in a civil partnership with them) to be allowed
to inherit the tenancy:

they must have been living in the property as their only or
main home
for at least 12 months without any breaks up to
the tenant's death, and

the tenant must have already notified the landlord

The 12 months will be counted from the time when the tenant told
the landlord that the person was living in the property. Any time
when the person was living in the property before the landlord was
told will not count.

3. If the tenant does not have a partner to inherit their
tenancy, any
qualifying family members who are at least 16
years of age when the tenant dies can inherit the tenancy, if:

they have been living in the property as their only or main
home
for at least 12 months without any breaks up to
the tenant's death, and

the tenant must have already notified the landlord

The 12 months will be counted from the time when the tenant told
the landlord that the person was living in the property. Any time
when the person was living in the property before the landlord was
told will not count.

More information on this is available on the Scottish Government
website.

The tenant has to take care that no one living with the tenant
at the property does anything that would break the rules of the
Agreement. If any person living with the tenant at the property
breaks the rules of the Agreement, then the tenant will be
responsible for that (as if the tenant was the person who had
broken the rule) and, for example, would have to pay for anything
broken by that person.

If the property is not a House in Multiple Occupation or
HMO (see
Note 5 - Details of the property) at the start of the Agreement,
then the tenant has to make sure that, by letting other people (who
are not part of the tenant's family) move in and use the property
as their only or main home, the property does not become an
HMO.

The tenant would have to pay the landlord back for any fines or
other money that the landlord ends up paying because the property
has become an
HMO. This
would include any fines or penalties payable by the landlord
because the property is being used as an
HMO without
being registered as one.

14 Overcrowding

The tenant must not allow the property to become overcrowded. If
the tenant does allow this to happen, then the landlord can evict
the tenant.

What counts as overcrowding for a property depends on the number
and size of the rooms, as well as the age, gender (male or female)
and relationships of the people that live there.

There is a
room standard and a
space standard when working out if there is
overcrowding. The Scottish Government's Guidance to local
authorities gives details of the standards at Annex A. This
guidance can be accessed here:
http://www.gov.scot/Resource/0038/00387514.pdf

If too many people do live at a property, the local authority
might do something to stop the overcrowding.

A home is an
HMO:

if it is occupied by three or more adults (aged 16 or
over)

they are from three or more families

the home is their only or main residence

it is either a house, premises or a group of premises owned
by the same person with shared basic amenities (a toilet,
personal washing facilities, and facilities for the preparation
or provision of cooked food) (as defined in section 125 of the
Housing (Scotland) Act 2006)

The local authority will tell the landlord how many people are
allowed to live in any
HMO
property.

More advice on overcrowding is available from Shelter Scotland
or the council.

15 Insurance

The landlord will pay the premiums if they insure the property
and any items which belong to the landlord, for example any
furniture on the inventory.

The tenant can choose whether or not to insure the things that
the tenant brings into the property. Insuring the tenant's
belongings is not the responsibility of the landlord.

The tenant must pay for the cost of any damage caused by the
tenant (or by any visitors) to the property or fixtures and
fittings, for example kitchen cupboards, fitted wardrobes and
fitted kitchen appliances.

Any defect or breakdown caused by normal wear and tear does not
need to be paid for by the tenant. Wear and tear is allowed,
because if you use something in the normal way, then it will become
worn out over time. The tenant should not have to pay to replace
things which have just been worn out by being used in a normal
way.

16 Absences

A long absence from the property may affect the landlord's
insurance costs. If the tenant is not going to be at the property
for more than 2 weeks at a time, then the tenant must do three
things:

Before the property is left unoccupied, the tenant must tell
the landlord that they won't be there and for how long;

Before leaving, the tenant must do anything reasonable that
the landlord has asked the tenant to do to keep the property
secure during the tenant's absence - this means to stop the
property being broken into or lived in by anyone else; and

Before leaving, the tenant must have checked the property to
be sure that, during the tenant's absence, reasonable care will
still be taken of the property, as set out in Note 17 -
Reasonable Care. For example, if the property is going to be
empty during the winter time the tenant should make sure that (1)
the heating is on timer, to stop the property getting damp inside
and (2) the water is turned off, to prevent damage that might be
caused by burst pipes.

17 Reasonable Care

The tenant must take reasonable care of the property and of any
common areas that the tenant is allowed to use.

"Reasonable care" is the sort of care that a reasonable occupier
would take to keep the property in good condition, to keep safety
systems in working order and to limit the risk of any harm being
done to other properties or to neighbours.

Such "reasonable care" under the Agreement includes, for
example, the tenant taking all reasonable steps to:

keep the property adequately ventilated (aired out) and
heated;

not bring any hazardous (dangerous) or combustible (easily
catch fire) goods or material into the property. The tenant can
keep petrol and gas for garden appliances (mowers etc.),
barbecues or other commonly used household goods or appliances in
the property (or garden shed) provided that these things are
safely stored in appropriate containers;

not put any oil, grease or other harmful or corrosive
substance into any toilet, sink, bath, shower, washing machine,
dishwasher or drain;

prevent water pipes freezing in cold weather - by not
removing any lagging and by keeping the property appropriately
heated;

avoid danger to the property or neighbouring properties by
way of fire or flooding - for example, not leaving lit candles
unattended or overloading electricity sockets with too many plugs
or leaving taps running;

keep the property and its fitted items clean;

not to do anything to stop the smoke detectors, carbon
monoxide detectors, heat detectors or the fire alarm system from
working as they should; and

not to remove or prevent the working of or do anything else
to door closer mechanisms.

18 The Repairing Standard Etc & Other
Information

18.1 The Repairing Standard

The landlord must ensure that the property is in the condition,
and has the facilities, set out in the
Repairing Standard.

If the property is not in that condition, or does not have any
of those facilities, the tenant or the local council can apply to
the Tribunal to tell the landlord to do what is needed.

The Repairing Standard means:

The property must be wind and water tight and in all other
respects fit for people to live in. For example, there should not
be any gaps between window or door frames and walls or any
missing roof slates or tiles, which result in wind or rain
getting into the property.

The structure and exterior (including drains, gutters and
external pipes) must be in a reasonable state of repair and in
proper working order. For example, walls must be in a reasonable
condition, as must roofs so as to avoid water leaking through the
roof into the property.

Installations for water supply, gas and electricity and for
sanitation, heating and heating water must be in a reasonable
state of repair and in proper working order.

Pipes, tanks, boilers, meters and cables, toilets, radiators
and other heaters - must all be in a reasonable state of repair
and in proper working order.

Any fixtures, fittings and appliances that the landlord
provides under the tenancy must be in a reasonable state of
repair and in proper working order. Appliances include, for
example, kitchen and laundry equipment such as cookers, microwave
ovens, fridges and freezers, washing machines, tumble dryers,
kettles, toasters and the like.

Any furnishings (such as chairs, settees and beds) that the
landlord provides under the tenancy must be capable of being used
safely for the purpose for which they are designed. One thing
that this will mean is that they meet fire retardant standards
(see Note 18.8 - Furnishings).

Before the tenancy begins, the landlord must check whether the
property meets the Repairing Standard. If it does not, the landlord
must notify the tenant of any work that needs to be done to make
the property meet the Repairing Standard - and the landlord must
then get that work done (at the landlord's cost) within a
reasonable time.

The landlord must also make sure the property meets the
Repairing Standard throughout the tenancy - except that the
landlord does not have to repair any damage that was caused by the
tenant (which goes beyond normal wear and tear).

If the tenant tells the landlord about a defect, then the
landlord must fix it within a reasonable time. If the landlord
causes any damage when they are carrying out repairs, the landlord
must also repair that damage.

If the tenant thinks the landlord has failed to make sure the
property meets the Repairing Standard, then the tenant should first
contact the landlord. If the landlord does not sort the problem
out, then the tenant can apply to the Tribunal.

The Tribunal might do one of three things:

It might reject the application; or

It might agree with the tenant and order the landlord to
carry out repairs; or

It might suggest that the dispute could be resolved by both
the tenant and the landlord, perhaps with the help of mediation -
which is a third person meeting with the landlord and tenant to
try to find a way of sorting things out.

If the landlord is ordered to carry out repairs, the order will
give them a reasonable amount of time to carry out the repairs. If
they do not do so, the Tribunal can issue a rent relief order. The
rent relief order is an order reducing the rent the tenant has to
pay by an amount not exceeding 90%. The tenant should not withhold
rent without a rent relief order being issued by the Tribunal.

Sometimes the landlord might be responsible, along with owners
of homes nearby, to keep certain common parts of a building or
walls between two properties in good repair. Examples of this might
be where the property is a flat in a tenement building. In that
case the common parts would usually include items such as the roof,
common doors, the staircase giving access to all flats and the back
court area. The landlord would need to carry out repairs to these
things - but this would be shared with the owners of all of the
other flats within the tenement.

18.3 Gas Safety

If the property has a gas supply, then the landlord must arrange
for a gas safety check to be carried out, by a gas safe registered
engineer, on all gas pipes and appliances (for example fire, hob,
oven and boiler) in the property which have been supplied by the
landlord. This must be done every year.

After each yearly check, the engineer signs a Landlord Gas
Safety Record, which notes the results of the checks and confirms
whether each gas appliance meets the safety standard it needs
to.

The landlord must make sure that the property is safe. If the
tenant has any concerns about the safety of any gas item in the
property, or knows that any gas appliances or pipework are not
working properly - for example, there's a smell of gas or the pilot
light in a boiler does not stay lit - then the tenant must tell the
landlord.

The landlord must give the tenant a copy of each yearly Landlord
Gas Safety Record which is issued by the gas safe registered
engineer. If the landlord does not do this, the tenant can contact
the Health & Safety Executive for advice or can get gas safety
advice at
www.gassaferegister.co.uk.
Also, the tenant could contact the local council, which could
require the landlord to provide the Record to the tenant or face
losing their registration as a landlord with the local council.

If a gas engineer decides that any gas appliance is unsafe -
which is often called "condemned" - then the tenant must not use
that appliance.

Carbon monoxide detectors go off (so the alarm sounds) if carbon
monoxide is present in a property. Carbon monoxide is a dangerous
gas which can cause illness or even death. Unlike the gas which
powers the appliances in a property (like the boiler and hob),
carbon monoxide does not have any smell - the only way to know that
carbon monoxide is in a property is by having a carbon monoxide
detector. Because of this, the landlord must have carbon monoxide
detectors installed in the property if there are appliances which
use carbon based fuel - which would be gas, wood, coal, other solid
fuel or oil.

A carbon monoxide detector must be in:

each room or inter-connected space such as a garage, that has
a fixed carbon based fuel powered appliance (except one solely
used for cooking) - so, for example, every room or
inter-connected space that has a fire, heater or a boiler;
and

if the flue from any carbon based fuel powered appliance
passes through any bedroom or living room, then in each of those
rooms too.

The landlord must ensure that all electric fittings and items in
the property are in a reasonable state of repair and in proper and
safe working order.

As part of this duty to keep electric fittings and items in a
reasonable state of repair, the landlord must arrange for an
electrical safety inspection to be carried out at least every 5
years. That inspection must be carried out by a qualified person
who then issues two reports:

an Electrical Installation Condition Report (
EICR)
on any fixed installations; and

a Portable Appliance Testing Report (
PAT) on
moveable appliances - and the inspector should also stick a label
on each tested item which sets out the inspection date, and each
label should be signed by the inspector.

The landlord must give the tenant copies of both reports.

If the tester says that testing should be more frequent than
once every five years (for example, once every 3 years), then the
landlord must follow this advice.

The
EICR
must cover:

Installations for the supply of electricity,

Electrical fittings, such as switches, sockets and visible
wiring

Visual inspection of fixed electrical equipment such as
electric showers, hard-wired smoke and fire detectors, and
storage or panel heaters.

The
PAT covers
movable appliances, which are any electrical items provided by the
landlord, that are not fitted or fixed in, but can be moved about
easily. These include appliances like kettles, lamps, vacuum
cleaners, and white goods such as fridges or washing machines.

The smoke and heat alarms in the property must be powered by the
electrical mains - they must not be battery powered.

There must be one working smoke alarm in:

The room which is most often lived in during the daytime,
which would likely be the living or dining room

Every circulation space, such as hallways and landings

There must also be a heat alarm in the kitchen.

All alarms should be linked (radio-linked alarms are
acceptable).

The landlord also needs to make sure that the property is fit
and safe for people to live in. Therefore, the landlord must make
sure that there are no fire hazards in the property, like loose
wiring.

If the tenant thinks there are fire risks in the property, then
the tenant should contact the landlord. If the landlord refuses to
fit smoke or heat alarms or to fix any fire risks, the tenant can
contact the Tribunal or contact the local authority's Environmental
Health Department.

18.6 Installations

Anything which was in the property (or is part of the property)
at the start of the lease is something provided by the landlord.
These items must be kept, by the landlord, in proper working order
- and repaired when needed.

This duty on the landlord does not apply to things brought into
the property by the tenant.

The installations in the Let Property may include the
following:

basins, sinks, baths, toilets, and showers;

gas or electric fires and central heating systems;

electrical wiring;

door entry systems;

cookers;

extractor fans;

carbon monoxide detectors;

smoke alarms;

heat detectors;

fire extinguishers and blankets (but only if the property is
a House in Multiple Occupation).

18.7 Energy Performance Certificate

Before the tenancy starts, the landlord must give the tenant a
copy of the Energy Performance Certificate (
EPC) for
the property if one is needed. If the tenancy is for renting a room
with shared access to other rooms such as a kitchen, bathroom and
living room, an
EPC is
not needed.

It is a requirement under law that the
EPC must
be 'affixed' to the building - it will often be located in the
boiler or meter cupboard.

The
EPC must
not be more than 10 years old. The
EPC has
to be made available to a tenant free of charge.

The
EPC tells
the tenant about the energy efficiency of the property. If a
property is energy efficient, the fuel bills for the person living
in the home (for heating and lighting) will be lower than if the
property is not energy efficient.

The
EPC
ratings can be A, B, C, D, E, F or G.

An "A" rating on an
EPC is
the best rating - this would be given to a home which was very
energy efficient and should have low bills for fuel and
lighting.

A "G" rating on an
EPC is
the worst - so the least energy efficient, which may have higher
bills for fuel and lighting.

which are in the property at the start of the tenancy meet the
standards set out in the Furniture & Furnishings (Fire Safety)
Regulations 1988 as amended so should have labels attached to them
which show that they meet these Regulations.

Tenants should report worn or broken furnishings and coverings
to the landlord as these can make furniture unsafe and present a
fire risk.

18.9 Defective Fixtures & Fittings

The landlord must keep all fixtures and fittings in the property
at the start of the tenancy in a good state of repair. This
applies, for example, to fitted kitchen units and fitted wardrobes,
toilets, sinks, baths, showers and fitted kitchen appliances such
as hobs and ovens.

The tenant should tell the landlord if any fixtures and fittings
need to be repaired. The landlord must get the repairs done within
a reasonable time.

18.10 Repair Timetable

Often, a landlord will only find out that something in the
property is not working or needs to be repaired when the tenant
tells their landlord about it.

The tenant must tell the landlord as soon as they can about any
repair being needed or if there is something urgent. The landlord
then has to carry out any repairs as soon as they reasonably
can.

The tenant must give the landlord reasonable access to get the
repair work done.

What is a reasonable period to carry out repairs will vary
depending on the type of repair which is needed and how dangerous
or unsafe it might be to leave that item not repaired.

If the landlord does not carry out repairs within a reasonable
period, the tenant can ask the Tribunal to order the landlord to
carry out these repairs. Also, for some major repairs or those that
cause a safety issue, the tenant might be able to get the local
council to order the landlord to do the work or the local council
might do the work and ask the landlord to pay the costs. The local
council also has powers to report the landlord to the Tribunal for
their failure to meet the Repairing Standard.

18.11 Payment for Repairs

If damage was caused by the fault or negligence of

the tenant or someone living with the tenant at the property
or

someone visiting,

then the tenant is responsible.

This means that the tenant must pay for the damage to be fixed.
The tenant should discuss with the landlord having the repair
carried out. The landlord might prefer to arrange to get the damage
fixed and send a bill for the costs to the tenant.

Damage would be caused by fault if it was done on purpose.

Damage would be caused by negligence if it was not done on
purpose but the person who caused the damage did not take normal
care to avoid the damage. For example, a person is negligent if he
leaves a skylight window open all day when rain is forecast and
this results in the carpet and furnishings in the room below being
damaged by the rain. Another example might be a person causes a
burn mark to appear on a kitchen table by placing a pot, straight
from a hot burner on the cooker hob, onto the table top.

18.12 Information

The tenant will be asked by the landlord to meet the costs of
any repairs and the landlord should supply them with copies of the
receipts for such costs.

These must be given to the tenant before, or at the start of,
the tenancy.

19 Legionella

The landlord must take all reasonable steps to reduce the risk
of the presence of legionella bacteria.

Legionnaires' disease is caused by legionella bacteria and is a
kind of pneumonia (or lung infection).

The legionella bacteria which causes the disease is sometimes
present in cold or hot water systems in buildings. It is therefore
important to try to keep the risk as low as possible by taking
certain steps.

The landlord must carry out a risk assessment.

Simple control measures can help to minimise the risk of
exposure to Legionella. These include:

flushing out a water system before the start of a tenancy -
so flushing all toilets and running water through all cold and
hot water taps and showers for a period of time;

avoiding debris getting into the system - for example by
making sure that any cold water tanks have a tight fitting lid;
and

making sure any pipework which is no longer used is
removed.

If a property is served directly by mains cold water, then there
is only a low risk of legionella bacteria in the cold water, as it
flows from a moving supply, not from stored water.

If a property is served by hot water:

from a tank which is regularly heated to over 60 degrees
centigrade; or

from an instant hot water boiler - which does not store
heated water, but heats it as it is used,

then, again, there is only a low risk of legionella bacteria in
the hot water system.

To keep the risk of legionella bacteria being present in the
property low, tenants:

should not alter the controls on any hot water system in a
way which would increase the legionella risk (for example
lowering the regular heat temperature to below 60 degrees);
and

should regularly clean shower heads - as these result in a
spray of tiny drops of water which might be breathed into the
lungs.

20 Access for Repairs, Inspections and
Valuations

The tenant must by law let the landlord (or their workmen or
advisers) have reasonable access onto the property for "authorised
purposes".

Authorised purposes are:

carrying out work in the property which the landlord must
carry out or is allowed to carry out, in either case by law or in
terms of the tenancy or in terms of any other agreement between
the landlord and the tenant;

checking the property to see whether any work needs to be
done - for example repairs; and

carrying out a valuation of the property.

The tenant should be given at least 48 hours' notice before this
happens - unless it is an emergency . If it is an emergency, then
less than 48 hours' notice might be given, or immediate access
might be needed (with no notice beforehand). An emergency might
include a dangerous electrical fault or a burst water pipe in the
property which is flooding the property or any flat below it.
Emergencies are repairs that are causing danger or, if left, are
likely to cause damage to the property or property nearby if they
are not repaired quickly.

Reasonable access, for non-emergency work, would generally mean
access during the working day (8 a.m. to 6 p.m.) Monday to Friday.
If both landlord and tenant agree, then the tenant could allow
access outwith such times if this would allow work to be done more
quickly.

A landlord will usually hold a set of keys for the property.
However, unless it is for an emergency, the landlord is not allowed
to use those keys to enter the property without the tenant's
consent.

If the tenant does not give consent then the landlord can apply
to the Tribunal for an order to take access. The Tribunal will try
and agree a date for access with the tenant. If the tenant refuses
to agree a date for repairs than the Tribunal can fix a date when
the landlord can enter.

21 Respect for Others

The tenant and anyone living at the property must not be
involved in antisocial behaviour at the property.

"Antisocial behaviour" means behaving in a way:

which causes, or is likely to cause, alarm, upset, nuisance
or annoyance; or

which is harassment.

'At the property' includes to other people in the property, any
neighbour, any visitor, the landlord or those acting for the
landlord or any tradesman.

Examples of antisocial behaviour are:

making too much noise - including from televisions,
CD players, digital media
players, radios and musical instruments,
DIY or power
tools;

not controlling pets (including allowing them to bark too
much) or allowing pets to foul or cause damage to other people's
property or common areas of the property such as the garden;

allowing visitors to the property to be too noisy;

vandalising or damaging the property or any part of the
common areas or neighbourhood;

leaving rubbish other than in the bins provided or leaving
rubbish out to be picked up on a day when it is not due to be
picked up;

allowing the tenant and/or any other person (including
children) living in or using the property to cause a nuisance or
annoyance to other people;

harassing any other tenant or occupier, visitors, neighbours,
family members of the landlord or employees of the landlord or
agent, or any other person or persons in the house, or
neighbourhood, for whatever reason. This includes behaviour due
to that person's race, colour or ethnic origin, nationality,
gender, sexuality, disability, age, religion or other belief, or
other status;

storing or bringing onto the property any type of unlicensed
firearm or firearm ammunition including any replica or
decommissioned firearms;

using the property, or allowing it to be used, for illegal or
immoral purposes - an example of an illegal purpose might be for
carrying on a business for which local council consents have not
been obtained; and

threatening or assaulting any other tenant or occupier,
visitors, neighbours, family members of the landlord or employees
of the landlord or agent, or any other person or persons in the
house, or neighbourhood, for whatever reason.

The above list of examples does not include every sort of
antisocial behaviour. There could be other actions, failures to act
or words spoken (or shouted) which would amount to antisocial
behaviour.

The landlord can take action against the tenant if there is a
breach of the antisocial behaviour clause in the tenancy.

Landlords have a responsibility to try to stop antisocial
behaviour taking place. So if the tenant is involved in antisocial
behaviour the landlord must do something to try to stop it. This
could include:

investigating complaints about the tenant's behaviour;

writing to the tenant to explain that the behaviour is
causing concern and asking the tenant to stop the behaviour;

giving advice on how to reduce noise to an acceptable
level;

asking the local council to apply for an Antisocial Behaviour
Order or
ASBO
against the tenant;

going to court to get an order of the court (called an
"interdict") to stop the tenant from behaving in a certain way;
and

warning the tenant that they may be removed from the property
if they do not stop the antisocial behaviour. (As antisocial
behaviour is a discretionary ground for eviction - see Note 24 -
Ending the Agreement).

If the landlord's attempts to deal with antisocial behaviour do
not work, the landlord can ask the local council to step in to
assist. If the antisocial behaviour continues, the landlord may
begin the process to evict the tenant.

If a landlord does not try to stop the antisocial behaviour, the
local council can serve an Antisocial Behaviour Notice on the
landlord ordering the landlord to take action to deal with the
problem, for example to evict the tenant, or at least warn the
tenant that they may be evicted if they continue to behave in that
way.

If the landlord does not do what the local council's Antisocial
Behaviour Notice says, then the local council can ask the Court to
stop rent payments to the landlord or to give the local council
control of the property.

If a tenant is affected by other people's antisocial behaviour,
the tenant should keep a written record of what happens, each time
it happens, with dates and times. Depending on how bad things are,
the tenant should contact:

the nearest Citizens' Advice Bureau or the Antisocial
Behaviour team at the local authority - both of which can give
the tenant advice on the tenant's rights and what might be the
best action for the tenant to take (which could be to contact the
police); or

the local authority's antisocial behaviour team; or

the police - who can take action to stop certain
behaviours.

22 Equality Requirements

Under the Equality Act 2010, the landlord is not allowed to show
bias against a tenant, or against a person who wants to become a
tenant of a property, on the basis of:

that person's disability, sex or gender reassignment; or

that person's pregnancy or the fact that the person has a
baby or babies or child or children; or

that person's race, religion or belief or sexual
orientation.

If a tenant thinks they have been unfairly treated by a landlord
because of a protected characteristic, then the tenant can:

complain directly to the landlord; or

in some cases to make a claim through the Tribunal, if for
example an Agreement contains a discriminatory clause that the
Tribunal could remove or if that discrimination led to an unfair
rent or unlawful eviction; or

The Information Commissioners Office enforces these laws and
deals with complaints about data protection.

24 Ending the Agreement

This section details the ending of the Agreement by the landlord
or the tenant.

Tenant ending the Agreement

The tenant can end the tenancy at any time by giving written
notice to the landlord. That written notice
must say that:

the tenant wants to end the tenancy and

the date on which the tenancy is to end.

(If it is a joint tenancy, all of the tenants must give the
notice, not just one or some of them. See more detail later in this
section.)

The tenant's
notice must be given to the landlord at least 28 days (or 4
weeks) before the date on which the tenant wants the tenancy to
end.

If the tenant gives the notice to the landlord by hand, then the
notice would have to be given at least 28 days (or 4 weeks) before
the date on which the tenant wants the tenancy to end.

If the tenant:

posts the notice or

sends the notice by email (if this is allowed - see Note 4 -
Communication),

then the notice would have to be posted or emailed at least 30
days before the date on which the tenant wants the tenancy to end.
This allows time for the notice to be received by the landlord.
(See Note 4)

If the tenant wants to end the tenancy
sooner than 28 days, they may be able to agree
this with their landlord. This landlord's agreement must be in
writing. If the landlord does not agree, the tenancy will continue
for the
minimum 28 day period even if they move out of the
property sooner.

If the Agreement is a
joint tenancy then all of the joint tenants have
to agree to the ending of the Agreement. One joint tenant cannot
end the Agreement on behalf of all tenants. Any notice from the
tenant to end the tenancy would have to be signed by all of the
joint tenants.

If a joint tenant wants to end the tenancy by sending notice to
the landlord by email then this would be done either:

by each of the people who are joint tenants sending their own
email to the landlord, all saying that the tenancy is to end on
the same date; or

by each of the joint tenants signing a paper copy notice to
the landlord and then one of those joint tenants scanning or
taking a photo of that signed paper copy notice and attaching it
to an email and emailing it to the landlord, on behalf of all of
the joint tenants.

The landlord can also end the tenancy by written notice to the
tenant. This written notice is called a
Notice to Leave. The landlord cannot simply end
the tenancy because the landlord wants the tenancy to end.
The landlord can only end the tenancy by giving Notice to
Leave on one or more of the 18 grounds which are set out
below.

The
minimum period of notice which the landlord must give the
tenant will be 28 days (4 weeks) but the tenant may be entitled to
84 days' (12 weeks') notice depending on how long they
have been living in the property and what ground is being used to
remove the tenant - see below for more detail.

The landlord's written notice to the tenant, ending the tenancy,
must say:

which one or more of the 18 grounds is the reason why the
landlord is ending the tenancy;

why the landlord thinks that ground applies; and

the date on which the tenancy is to end.

The landlord should provide the tenant with a copy of any
supporting evidence for the eviction ground when they serve the
Notice to Leave on the Tenant.

The
tenancy end date will be set out in the Notice to
Leave. There are four possible options for the tenant:-

1. The tenant could choose to leave on the date in the Notice to
Leave.

2. Despite the tenancy end date set out in the notice, the
tenant may ask the landlord to agree to a later date, in which case
the tenancy will end on that date - this is only if the landlord
agrees.

3. If the tenant believes that the ground(s) for ending the
Agreement given in the notice do not apply, then they should
discuss this with the landlord and also contact the advice groups
listed at the end of these Notes.

4. The other option would be for the tenant to wait for the
landlord to apply to the Tribunal for an Eviction Order, as at that
stage the landlord will be asked by the Tribunal to
prove that the ground(s) specified for eviction do
apply. You don't need to move out until an Eviction Order is
granted by the Tribunal.

Where the Tenant chooses not to leave

If the tenant does not leave the property on the tenancy end
date, the landlord can apply to the Tribunal to get an order to
evict the tenant. The tenancy then ends on the date set out in that
eviction order.

If the landlord applies to the Tribunal for an eviction order,
the Tribunal will ask the landlord to prove to the Tribunal why the
ground set out in the landlord's notice applies to allow the
landlord to end the tenancy.

Amount of notice

All tenants are entitled to receive
at least 28 days' notice. Some tenants will be
able to get 84 days' notice.

The amount of notice which the landlord has to give the tenant
depends on:

which of the 18 eviction ground(s) the landlord is using to
end the Agreement; and

how long the tenant has lived in the property.

At least 28 days' (or 4 weeks') notice must be
given to the tenant if:

on the date that the tenant receives the Notice to Leave, the
tenancy has been running for
six months or less;

or

the only eviction ground(s) set out in the landlord's notice
to leave is/are that the tenant:

is not occupying the property as the tenant's only or main
home; or

has breached the Agreement; or

is in rent arrears for three or more months in a row;
or

has been found guilty, in a court, of certain crimes;
or

has been involved in antisocial behaviour; or

has been involved with a person who has been found guilty
of certain crimes or has been involved in antisocial
behaviour.

In all other cases, the tenant must get
at least 84 days' (or 12 weeks) notice.

At least 84 days' (or 12 weeks) notice must be
given to the tenant if:

on the date that the tenant receives the landlord's notice,
the tenancy has been running for
more than six months;

and

the landlord's notice includes any of the eviction ground(s)
not mentioned above.

There are 18 grounds that allow a landlord to end a
tenancy

8 of those grounds are always mandatory - that means that the
Tribunal must grant an Eviction Order if any one or more of those
grounds is found by the Tribunal to exist;

8 of those grounds are discretionary - that means that, even
if the Tribunal finds that these grounds exist, the Tribunal must
decide whether or not the tenancy can be ended on these
grounds

2 of those grounds are part mandatory and part discretionary
- so in some cases the Tribunal must grant an Eviction Order and
in others the Tribunal will decide whether or not the tenancy can
be ended on either of those grounds.

More detail on all of the above 18 grounds is given below.

8 mandatory eviction grounds

1. The landlord intends to sell the property for market value
within three months of the tenant leaving the property.

2. The property is to be sold by the mortgage lender for the
property.

3. The landlord intends to refurbish the property (so carry out
improvements) and this will involve fairly disruptive works to, or
in relation to, the property.

4. The landlord intends to live in the property as his or her
only or main home.

5. The landlord intends to use the property for a purpose other
than giving a person a home.

6. The property is owned by the landlord for the purpose of
being lived in by someone who works for a religious purpose. This
means that the person carries out religious work from the property
and the property has actually been used for this
purpose at some time before the tenant began living there.

7. The tenant is not living at the property as his or her only
or main home or has left the property (other than for a temporary
period).

8. After the tenancy began, the tenant is found guilty in a
court either (i) of using, or allowing the use of, the property for
an immoral or illegal purpose or (ii) of a crime for which the
tenant could be sent to prison. This crime needs to have taken
place in or in the neighbourhood of the property. For this ground,
the landlord would usually have to apply for the eviction order
within 12 months after the date that the tenant was found
guilty.

If the Tribunal accepts that any one or more of these 8 fully
mandatory eviction grounds applies, then the Tribunal
must issue an eviction order.

8 Discretionary Eviction Grounds

1. A member of the landlord's family intends to live in the
property as his or her only or main home.

2. The tenancy was entered into because the tenant had a need
for community care (as decided by the local council) and the local
council has decided that the tenant no longer has that need.

3. The tenant has breached any of the duties of the tenant under
the tenancy - but this does not apply to a failure by the tenant to
pay rent as there is a separate ground for this.

4. The tenant has acted in an antisocial manner to another
person and the Tribunal is satisfied that it is reasonable to issue
an eviction order. For this ground, the landlord would be expected
to apply for the eviction order within 12 months of the antisocial
behaviour taking place.

5. The tenant is meeting or socialising in the property with a
person who has (i) been found guilty of a crime or (ii) been
involved in antisocial behaviour. This applies if, in either case,
the Tribunal would have been able to issue an eviction order if it
was the tenant who had been found guilty of that crime or the
tenant who had been involved in that antisocial behaviour. For this
ground, the landlord would be expected to apply for the eviction
order within 12 months of the antisocial behaviour taking
place.

6. Landlord registration has been refused or cancelled by a
local council - as, in that case, the law would not permit the
landlord to let out the property that they own.

7. A House in Multiple Occupation (
HMO)
licence for the property has been cancelled by the local council as
the law would not permit the landlord to let out the property to
three or more tenants who are not members of the same family. There
may be times where a tenancy can continue for a short time without
there being an
HMO
licence.

8. The local council has served a notice on the landlord about
the property being overcrowded.

The Tribunal will consider whether or not any one or more of
these 8 discretionary eviction grounds in the notice to leave
applies and whether or not it is right to end the tenancy on these
grounds.

2 eviction grounds which can be mandatory or
discretionary

Two of the eviction grounds can be mandatory in some cases and
discretionary in some others. So if the Tribunal accepts that the
ground applies, then:

in some cases the Tribunal must issue the eviction order;
but

in other cases, the Tribunal can choose whether or not to
issue the eviction order if the Tribunal considers it right to
end the tenancy.

Mandatory or discretionary ground 1 - The tenant is in
rent arrears.

This ground is
mandatory (so the Tribunal
must issue the eviction order) if:-

the tenant has not paid all of the rent (or some of the rent)
which is due, for at least 3 months in a row; and

on the first day that the issue comes before the Tribunal, an
amount equal to at least 1 month's rent remains unpaid; and

the Tribunal is satisfied that the reason for the tenant not
paying the rent is
not a delay or failure in the payment to the
tenant of some benefits, including housing benefit or universal
credit.

This ground is
discretionary (so the Tribunal can
choose whether or not to issue the eviction order
if the Tribunal considers it right to end the tenancy) if:-

the tenant has not paid all of the rent or some of the rent
which is due, for at least 3 months in a row; and

on the first day that the issue comes before the Tribunal, an
amount less than 1 month's rent remains unpaid; and

the Tribunal is satisfied that it is right on this basis to
issue an eviction order - in this case the Tribunal can look at
many things to decide whether it is right to evict, including
whether the reason for the tenant not paying the rent is a delay
or failure in the payment to the tenant of some benefits,
including housing benefit or universal credit.

Mandatory or discretionary ground 2 - The tenancy was
granted to the tenant because he or she was employed by the
landlord (or was expected to be employed) and the tenant is no
longer an employee or never became an employee.

This ground is
mandatory (so the Tribunal
must issue the eviction order) if the application
for eviction was made within 12 months from the date the tenant
stopped being - or failed to become - an employee.

This ground is
discretionary (so the Tribunal can
choose whether or not to issue the eviction order)
if the application for eviction is made more than 12 months after
the date the tenant stopped being - or failed to become - an
employee.

Unlawful Eviction

If the landlord tries physically or by force to remove a tenant
from the property without the Tribunal's permission, the landlord
is committing a crime. If the landlord physically removes the
tenant from the property, or threatens to do so, or if the landlord
changes the locks, the tenant should report the matter to the
police. (The non-emergency number to contact the police is
101.)

For an eviction to be lawful (so allowed by law), after the
Landlord obtains the eviction order from the Tribunal, the eviction
(or removal of the tenant from the property) must be done by
Sheriff Officers, not by the landlord or by the landlord's
employees or agents.

The law protects the tenant against harassment and unlawful
eviction in two ways:

by making harassment and unlawful eviction crimes; and

by allowing the tenant to claim damages (ask for money)
through the courts.

The law against harassment applies if the landlord personally
harasses or evicts the tenant unlawfully or if somebody else does
it for the landlord.

Wrongful Termination Orders

If the tenant has left the property and thinks they have been
misled into leaving the property, they can apply to the Tribunal
for a 'wrongful termination order'. The Tribunal may make a
wrongful termination order if it decides that the landlord:

misled the Tribunal into giving an eviction order it should
not have

misled the tenant into leaving the property.

An example of a possible wrongful termination would be where the
landlord serves notice to leave on the tenant on the ground that
they intend to sell the property, but then takes no action to do
so, and simply lets it out to another tenant.

If a wrongful termination order is issued, the landlord will be
told to pay the tenant a payment of no more than six months' rent.
The local council will also be told about the order being made and
will take this into account when deciding if the landlord is (or
remains) a "fit and proper" person registered to be a landlord.

Tenant's belongings to be removed

The tenant must remove the tenant's belongings when the tenancy
ends. This will include everything that the tenant has brought into
the property.

If the tenant leaves items behind, and the landlord then has to
spend money removing them or storing them, then the tenant will
have to pay the costs of removal or storage.

The landlord should supply the tenant with copies of the
receipts for such costs.

25 Contents and Condition

The tenant will likely be asked to sign an Inventory and Record
of Condition ("
Inventory") and if so this should be attached to
the Agreement or given to the tenant before or at the start of the
tenancy. A copy of this should be kept by both the landlord and the
tenant.

This Inventory should be a full and detailed record of the
contents and condition of the property at the start of the
tenancy.

The inventory part is a list of everything in the property
being rented, for example, the furniture, carpets and curtains
and all the items in the kitchen (as well as the condition of all
of these items - so, for example, whether they have any damage to
them or marks on them).

The record of condition part should set out the state of the
property itself - and so should, for example, say whether any
parts have chips or marks or stains or are broken. This part of
the inventory can include pictures to help show the condition of
items.

The Inventory can help to avoid a dispute over the deposit at
the end of the tenancy - because it proves the state that the
property and its contents were in at the start of the tenancy.

If the landlord or letting agent does not give the tenant the
Inventory before the start of the tenancy, the tenant should ask
for it.

The tenant should:-

Check the Inventory before signing it and make a note of
anything damaged, broken, or worn-out. This checking includes
making sure that everything in the property is listed on the
Inventory and that it is does not list items which cannot be
found in the property.

Make sure that the tenant and the landlord sign the Inventory
once both agree that it is correct.

If the tenant is concerned that the Inventory does not fully
describe any marks, stains, chips or other faults in the
property, then the tenant could also take photos on the day that
the tenant moves in and send copies of those to the landlord
right away. Unless the photos are sent as soon as the tenant
moves in, they might not be able to be used as evidence (unless
the tenant's camera shows, on each photo, the date on which the
photo was taken).

Store the tenant's copy of the signed Inventory and any
photos taken by the tenant at the start of the tenancy in a place
where they can be found later. They might be needed for evidence
if there is an dispute about the amount of the deposit which
should be returned at the end of the tenancy.

The tenant has 7 days after the start of the tenancy to make
sure that the Inventory is correct.

If, within those 7 days, the tenant tells the landlord, in
writing, of anything the tenant does not agree with, then the
Inventory should be changed to reflect an item's true state.

If the tenant does nothing, then at the end of those 7 days, the
Inventory is treated as if it had been approved by the tenant -
even if the tenant does not sign it.

If the tenant (or someone in the tenant's family or visiting the
property) damages any part of the property or any of the contents,
then the tenant must repair or replace the damaged part. This does
not apply to any damage which is simply due to normal use of the
property and its contents - often called normal wear and tear. (See
Note 17 - Reasonable Care)

26 Local Council Taxes/Charges

The landlord must tell the local council and utility companies
that Council Tax, water and sewerage charges should be in their
name. The landlord may also do so. The tenant will have to pay the
Council Tax, water and sewerage charges unless the tenant is exempt
for any reason. For example, if the tenancy states the rent
includes such charges, or if full time students live in the
property, Council Tax may not need to be paid. A tenant living
alone can also apply to the Council to receive a discount on their
Council Tax.

The tenant must tell the local council when the tenancy starts
and then when it ends.

If the tenant thinks that he or she doesn't need to pay Council
tax or other charges, the tenant needs to apply to the local
council Revenues & Benefits department to get an exemption. It
will not be given without the tenant making the application.

27 Utilities

The tenant must make sure that the accounts for gas,
electricity, telephone, internet,
TV Licence and broadband are
all in the tenant's name with the companies which supply those
services. All of these services are generally known as
utilities.

The tenant must pay, when due, all charges for utilities and
services supplied during the tenancy. The tenant also has to settle
up at the end of the tenancy for all outstanding amounts.

If there are any bills for utilities left unpaid at the end of
the tenancy, the landlord may be able to use money held in the
deposit to settle these bills.

The tenant can change supplier for gas or electricity if they
are paying the supplier and not paying the landlord for utility
costs. If the tenant has a pre-payment meter, the tenant is still
allowed to change supplier and there is no need to get the
landlord's consent first. The tenant must tell the landlord if the
tenant changes supplier and give the landlord the details of the
new supplier - including its name.

If the tenant permits any electricity or gas meter to be changed
from or to a pre-payment meter, then the tenant also has to pay the
direct cost of changing the meter back at the end of the tenancy
(unless the landlord wants to keep the meter the tenant had put
in). So, although the landlord's permission is not needed to change
the meter, the tenant might need to pay the cost of changing it
back if the landlord wants this done.

28 Alterations

The tenant needs to get the landlord's written consent, in
advance, before the tenant does any of the following:

makes any alterations to the property;

makes any changes to the fixtures and fittings in the
property - for example to the kitchen cupboards or bathroom
fittings; or

does any internal or external decorating or redecorating -
including changing the colour of any of the walls or ceilings,
doors or window frames in the property.

It's entirely up to the landlord whether or not the landlord
agrees to any of these things being done.

The landlord cannot unreasonably refuse any request by the
tenant for adaptions, auxiliary aids or services under section 52
of the Housing (Scotland) Act 2006 or section 37 of the Equality
Act 2010. Any such request by the tenant must be made in writing to
the landlord. Or, if the work would include or relate to any common
parts of the building (for example a common entrance or common
stair), the request must be made in writing to the persons who own
those common parts. The owners of common parts would usually be all
owners of any properties within a building.

For these types of alterations, the landlord or other person
owning common parts, is not entitled unreasonably to refuse to
agree to the adaptations being done, auxiliary aids being installed
or services being provided. If consent is refused, the tenant can
appeal to the Tribunal (if the application is made under the
Housing (Scotland) Act 2006) or to the Sheriff Court (if the
application is made under the Equality Act 2010) within 6 months
after the refusal.

The tenant might find it helpful first to discuss the tenant's
needs with the Citizens Advice Bureau, Shelter Scotland or the
local council. Any of these three groups might agree to talk to the
landlord to remind the landlord that it must not unreasonably
refuse consent.

29 Common Parts

If the property is a flat or has common parts that are shared
with other tenants, the tenant must, along with the other owners
and occupiers:

sweep and clean the common stairway; and

keep the garden, back green or any other shared areas clean
and tidy.

If the tenant does not do this, then the landlord can arrange
for those things to be done and ask the tenant to pay back the
costs. The landlord should supply the tenant with copies of the
receipts for such costs.

30 Private Garden

If the let property includes a garden, solely for the tenant's
use (so not shared with anyone else), the tenant must maintain that
garden in a reasonable manner. The landlord might pay for garden
maintenance to be carried out and charge this cost as a service
included in the monthly rent payments - this should be stated in
the Agreement. In that case, the tenant would only need to keep the
garden area tidy.

If the tenant does not do this, then the landlord can do it
instead and ask the tenant to pay back the costs. The landlord
should supply the tenant with copies of the receipts for such
costs.

31 Roof

The tenant must not go onto the roof without first getting the
landlord's written consent - unless it's an emergency, in which
case the landlord's consent is not needed.

32 Bins and Recycling

The tenant must dispose of or recycle all rubbish in the correct
way.

If rubbish is picked up from the street, then on the day it is
due to be collected, it should be put out before the time asked for
by the local council. Any rubbish and recycling containers should
be returned to their normal storage places as soon as possible
after being emptied by the local council.

The tenant must also comply with the local council's rules if
they need to dispose of large items. Sometimes a local council
might charge an extra cost to uplift a large item. The tenant can
also arrange to dispose of large items by taking them to the
nearest recycling centre run by the local council. Details of how
to recycle large items and days and times of refuse and recycling
collections will be given on the local council's website for the
area in which the property is located.

If the tenant does not dispose of rubbish properly, the landlord
can do it instead and ask the tenant to pay back the costs. The
landlord should supply the tenant with copies of the receipts for
such costs.

33 Storage

No items belonging to the tenant (or belonging to anyone living
with the tenant or to a visitor) should be left or stored in a
common stair - if that would be a fire or safety hazard or a
nuisance to the neighbours.

34 Dangerous Substances - including liquid petroleum
gas

The tenant must safely store any petrol and/or gas, including
liquid petroleum gas, which the tenant uses for garden appliances,
barbecues or other household goods or appliances. This means
keeping it outside the property if possible (for example in a shed
in the garden) and stored in leak proof and fire proof
containers.

The tenant must not store or keep any other flammable liquids,
explosives, or explosive gases which might be thought to be a fire
hazard or dangerous in the property or in any store, shed or
garage.

35 Pets

The tenant needs to get the written consent of the landlord, in
advance, before the tenant brings any animal or pet into the
property. It's up to the landlord whether or not the landlord gives
this consent.

If the Agreement bans pets, a tenant can ask the landlord to
change it to allow an assistance dog if the tenant is disabled and
needs an assistance dog to be able to live in the property. If the
landlord refuses, they may be discriminating on the grounds of
disability and could be acting illegally.

If the landlord does agree that the tenant can keep an animal or
pet in the property, the tenant must make sure that the animal or
pet is kept under supervision and control. This is to ensure that
the pet does not cause damage to the property or common areas and
is not a nuisance to neighbours or others in the area.

If the landlord agrees to allow a pet then they might request an
additional deposit on top of the deposit they would usually charge.
This is to acknowledge the greater potential for damage and costs
at the end of the tenancy. The total amount of the deposit paid by
the tenant, including this extra deposit cannot be more than 2
months' rent.

At the end of the Agreement, the landlord can ask the tenant to
repay the cost of any damage caused by, or cleaning required due
to, a pet. The landlord should supply the tenant with copies of the
receipts for such costs.

36 Smoking

If the tenant wants to smoke in the property (or allow others to
smoke in the property) the tenant must get the landlord's written
consent, in advance. This applies to tobacco smoking or the smoking
of anything else.

The tenant must not smoke (or allow others to smoke) in
stairwells or other common areas.

If the tenant is not supposed to smoke in the property then at
the end of the Agreement, the landlord can ask the tenant to repay
the cost of any damage caused by, or cleaning required due to,
smoking. The landlord should supply the tenant with copies of the
receipts for such costs.

37 Add any additional Agreement Terms here

The Agreement might include further clause(s) which the landlord
agrees with the tenant.

Any such other clause cannot go against, or say something
different from, any other clauses in the Agreement which are
mandatory clauses.

The mandatory clauses in the agreement appear in bold type
(which is darker than the normal typed wording).

38 The Guarantor

The guarantee clause includes a space for the guarantor's name
as well as the guarantor's address and for the guarantor to sign
the Agreement. These should all be filled in if a guarantor is
needed.

A guarantor is not always asked for by a landlord but it is
quite common for the landlord to ask for a guarantor, if the tenant
has a low credit score or is thought to be a higher credit risk,
such as if the tenant claims benefits.

The guarantor (if any) agrees to meet the full demands of the
tenancy, on the tenant's behalf, if the tenant does not comply with
those rules.

Parents of young people or students are often asked to be
guarantors. Joint residential tenancies have joint and several
liability and so the guarantor is guaranteeing all the joint
tenants and not just one particular tenant. The guarantor might
have to pay costs which were due to another joint tenant(s) not
having paid rent or causing damage to the property. These costs can
include legal costs in trying to get payment of the rent arrears or
other costs.

If the tenant does not do something which they should, or does
something that they should not do, the landlord can get the
guarantor to do what is required or to meet any costs of fixing
what should not have been done.

For example, if the tenant does not pay rent or some other
payment due under the tenancy, the landlord can claim it from the
guarantor instead.

Also, if the tenant does not repair some damage to the property
which was caused by the tenant, the landlord can ask the guarantor
to repair the damage - or the landlord can do the repair themselves
and then claim the cost from the tenant or from the guarantor.

Also if the landlord:

spends money or does work that the tenant should have done;
or

pays other people, for example, lawyers and Sheriff Officers,
to take action against the tenant to try to get the tenant to
comply with their duties under the tenancy,

then the landlord can also claim those costs from the
guarantor.

The guarantor's liability continues after the tenancy ends - to
cover any duties breached during the tenancy where the costs are
still due to be paid.

39 Declarations

This clause includes confirmation (or agreement) by the tenant
that, when the tenant signs the Agreement, the tenant has:

given the landlord or letting agent all information sought by
the landlord or letting agent in connection with the Agreement -
without concealing or hiding anything;

not deliberately or carelessly said or written anything which
is untrue or misleading which might have affected the landlord's
decision to enter into the Agreement; and

read and understood all of the terms of the Agreement
including the legal commentary.

You and your landlord can agree to 'sign' the tenancy agreement
by typing your names in the electronic document and sending it by
email if you want to. If you and your landlord don't want to do
this, you can agree to sign a paper copy of the tenancy agreement
instead.

Contact

Errata

An errata was issued on 7 December 2017.

Page 2: Some changes to content and grammar.Page 5: The second paragraph under ‘Communication’ has a minor change.Page 21: A small change to the ‘Portable Appliance Testing Report’ bullet point.Page 39: One amendment has been made to the ‘Local Council Taxes/Charges’ paragraph.